Category Archives: Immigration

Are you feeling lucky? The U.S. Government is now putting forward an immigration program which allows a class of 50,000 immigrants known as ‘diversity immigrants’ to be issued Legal Residency/Green Cards. Applicants selected for the program must meet simple but strict eligibility requirements. There is no cost to register for the DV-2020.

Unfortunately, not everyone can apply. DV-2020 is not open to immigrants from:

Individuals born in countries whose natives qualify may be eligible to enter.

Each DV applicant must have:

A high school education or equivalent. This is defined as successful completion of a 12 year course of formal elementary and secondary education.

OR

Two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform.

You must also provide the following information in order to complete your entry:

Your name – exactly as it appears on your passport.

Gender – male or female.

Birth date – day, month, year.

City where you were born.

Country where you were born.

Country of eligibility for the DV program.

Entrant photographs. (Recent photographs taken within the last six months of yourself, your spouse and children, etc).

Mailing address.

Country where you live today.

Phone number.

Email address.

Highest level of education you have achieved.

Current marital status and your spouses information.

Number of children and their information.

Entry Period:

Entries are being accepted until 12pm on Tuesday, November 6, 2018. No late entries or paper entries are accepted and the law only allows for one entry per person.

Completing your Electronic Entry:

To Apply – Go to dvlottery.state.gov. Your entry must be complete in full. Complete your entry yourself, avoiding secondary or professional help.

It is extremely important that you retain your confirmation page and your unique confirmation number once your entry is completed. You can also check the status of your entry after applying when you return to dvlottery.state.gov.

Selected Applicants:

The Department of State will randomly select individuals by computer from among qualified entries. All DV-2020 entrants must go to the Entrant Status Check using the unique confirmation number saved from their DV-2020 online entry registration to find out whether their entry has been selected in the DV program. Entrant Status Check will be available on the E-DV website at dvlottery.state.gov beginning May 7, 2019 until September 30, 2020.

There is news from the U.S. Citizenship and Immigration Service (USCIS) concerning the processing time for an I-751 to remove the conditions on conditional Legal Permanent Residents.

As of today, petitioners who file an I-751 Petition to Remove Conditions on Residence will receive a receipt notice that can be presented with their Permanent Resident/Green Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident/Green Card.

USCIS is making the change from 12 to 18 months because current processing times for the I-751 have increased over the past year.

Attorney John Foley said “this makes sense. USCIS isn’t adjudicating I-751 petitions within the one year extension so this gives them more time.”

An I-751 petition is required in marriage cases where the couple has been married for less than two years when the immigrants status is adjusted. Foley says “it’s still strange because the immigrant is going to prove his or her legal resident status by showing a soon to be or expired Legal Resident/Green card and an 18-month extension that is in the form of a letter.”

Foley says “even if the I-751 petition is not adjudicated during the extension period, the immigrant is still a Legal Resident and, if necessary, they can obtain an additional passport stamp as evidence of their legal status.”

Foley Law Offices also provides letters to clients traveling internationally during the extension period as well as letters to employers concerned about an employee’s legal status.

If you have questions concerning your I-751 petition or any immigration matter, call Foley Law Offices at (617) 973-6448 for a free telephone consultation with an immigration attorney.

Beginning today, the U.S. Citizenship and Immigration Service (“USCIS”) will begin recalling approximately eight thousand five hundred Permanent Resident Cards (also known as Green Cards) due to production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.

USCIS will send notices to individuals who received the incorrect Green Cards and to their attorneys of record. The affected individuals should return their incorrect Green Card to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. They may also return their cards to USCIS field offices. USCIS will send replacement Green Cards within fifteen (15) days of receiving the incorrect card.

The recall does not affect these Green Card holders’ status as lawful permanent residents. If affected individuals need to travel internationally or prove their lawful permanent residence while they wait for a replacement card. they may contact the USCIS Contact Center at 800-375-5283 to determine if they need additional proof.

Spouses of U.S, citizens map apply for naturalization after three years of permanent residency and must meet other requirements. The incorrect date on these cards could lead applicants to wait longer than necessary to apply to become U.S. citizens.

Foley Law Offices is checking Green Cards received between February and April to see if any of our clients need to take action. If you have any questions about your Green Card, please call us at (617) 973-6448 for a free telephone consultation.

The U.S. Department of Homeland Security (DHS) announced on January 8, 2018 the termination of the Temporary Protected Status (TPS) designation for El Salvador effective on September 9, 2019.

The termination of TPS for El Salvador is delayed 18 months in order to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. The delay will also provide the government of El Salvador with time to prepare for the return and reintegration of its citizens.

Approximately 200,000 El Salvadorians are affected by the termination of this designation. The decision to terminate TPS was made after DHS determined the conditions in El Salvador have improved significantly. Based on careful consideration of available information, the Secretary determined that the original conditions caused by the 2001 earthquakes no longer exist.

Like all other delayed-TPS designation terminations, El Salvadorians with TPS will be required to reapply for Employment Authorization Documents in order to legally work in the United States until the end of the respective termination or extension periods.

An immigration attorney in our office can help you today if you have TPS or any questions regarding any changes to the policy. Please call our office to set up a consultation at (617) 973-6448.

The U.S. Department of Homeland Security (DHS) announced on November 20, 2017, the termination of the Temporary Protected Status (TPS) designation for Haiti, effective on July 22, 2019. This announcement follows then-Secretary Kelly’s announcement in May that the designation would not likely be extended past six months.

The effective date of the termination of TPS for Haiti will be delayed 18 months. This will provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. The delay will also provide the Haitian government with the time it needs to prepare for the future repatriation of all current TPS recipients.

Approximately 60,000 Haitians are affected by the termination of this designation. The decision to terminate TPS was made after DHS determined the conditions in Haiti have improved significantly. Advocates for Haitians disagree arguing conditions in the island nation haven’t improved nearly enough for Haitians to return home.

Like all other delayed-TPS designation terminations, Haitians with TPS will be required to reapply for Employment Authorization Documents in order to legally work in the United States until the end of the respective termination or extension periods.

An immigration attorney in our office can help you today if you have TPS or any questions regarding any changes to the policy. Please call our office to set up a consultation at (617) 973-6448.

Premium processing is the expedited processing of an application. USCIS guarantees a processing time of fifteen (15) calendar days. Note, it does not guarantee a decision within those 15 days. If the guaranteed timeline is not met, USCIS will refund the premium-processing fee of $1,225.00 and continue with the expedited processing of the application.

To upgrade your petition or for more information on premium processing and how it would affect your case, please contact an immigration lawyer in our office today by calling 617-973-6448.

The United States Citizenship and Immigration Services (USCIS) announced beginning, October 1 2017, adjustment of status applications based on employment will be scheduled for in-person interviews. Previously, applicants applying for an employment-based immigrant visa did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated.

According to USCIS, the purpose of the interviews was to provide “the agency with the opportunity to determine applicant’s credibility.” The interviews are part of USCIS’ comprehensive strategy under the Trump administration to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system. USCIS will be slowly phasing in in-person interviews for other categories where interviews have not been previously required.

USCIS has not provided guidance as to whether or not it will be requiring interviews for all cases filed prior to October 1, 2017, or if the requirement is applicable to all cases filed on or after the October 1st date. Our office will continue to monitor this situation and provide any updates as they become available.

It is important for applicants who are scheduled for an interview to contact an immigration attorney prepare and accompany them to the interview. The interview will be in-depth and requires significant preparation. There are concerns USCIS may not have sufficient trained staff to handle complex EB-1A, EB-2/3 or EB-5 cases. As a result, there could be unnecessary delays in your case. In order to avoid a delay in your case in such uncertain times, contact our office to schedule a consultation or interview prep session with an immigration attorney in our office.

Today, September 5, 2017 Attorney General Jeff Sessions announced the Trump Administration is rescinding the Deferred Action for Childhood Arrival (DACA) program and ordered an “orderly, lawful, wind down” of DACA. Acting Secretary of the Department of Homeland Security (DHS), Elaine Duke, has already issued a memorandum rescinding the June off 2012 memorandum that created DACA and ordered a phase out of the program over the next six (6) months. The Trump Administration believes this process will limit disruption to current DACA beneficiaries while providing time for Congress to seek a legislative solution. The memo states the following:

All those currently enrolled in DACA will be allowed to work until their employment authorization document (EAD) expires.

Permits that expired by March 5, 2018 have one month to apply for their two-year renewal.

All new and renewal applications received by DHS before Tuesday will be reviewed on a case-by-case basis.

New applications received after Tuesday will not be considered.

No new advanced parole (I-131) documents will be approved. All pending travel document applications will be administratively closed and all associated fees will be refunded.

The DACA program was first establish in 2012 through executive order by President Obama. DACA protects nearly 800,000 individuals, known as “DREAMers” from deportation who were brought to the US by their parents and through no fault of their own. The program was never meant to be considered a legal pathway to citizenship nor an amnesty. Ninety-five percent (95%) of participants are either working or in school. The DREAMers also pay taxes, but yet are unable to receive government benefits. DREAMers contribute to our economy and society.

If you are a DREAMer, you should consult with an immigration attorney in our office immediately for possible pathways to legal solutions. We will continue to monitor the issue and update as more information becomes available.

Since his campaign, President Donald Trump has stated that he will increase national security at all cost. Over the past few months, President Trump has implemented travel bans, proposed giving more money to the military to keep immigrants out at the borders, and claimed that he will make Mexico pay for a wall to divide the borders.Most recently, the Trump administration has implemented a new questionnaire that will affect visa applicants, making the processes more difficult for visa applicants. This new questionnaire aims to provide stricter scrutiny during the vetting process.

Visa applicants will now be asked to produce their social media handles, email address, and phone numbers from the last five (5) years. This information was not previously required by the U.S Department of State (USDOS). Additionally, applicants will also be asked to produce all biographical information; including their past employment and travel information from the last fifteen (15) years. The United States Office of Management and Budget (US OMB) has approved this questionnaire, despite the fact that the questionnaire will make it overly burdensome for applicants, create long delays in processing, and discourage international students and scientists from traveling to the United States. Immigration attorneys fear this questionnaire will delay the lengthy-process even further as applicants may not remember their information from so long ago. Additionally, there is significant concern for the negative consequences for applicants who make an innocent mistake on the supplemental questionnaire. The questionnaire appears to be on a trial run, however, as the form has been approved for a six-month period rather than the typical three years.

Our office will continue to monitor this process and provide any updates and new information. A sample of the supplemental questionnaire can be found here. For more information or questions regarding the new supplemental questionnaire and how this will affect your case, please contact Attorney Nicole Fink at (617) 973-6448 or via e-mail at [email protected].

The U.S. Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for Haiti for six (6) months. This extension is effective July 23, 2017 through January 22, 2018.

During this six-month period, DHS will re-evaluate Haiti’s TPS designation and make a decision in the form of an extension, re-designation or termination of TPS for Haiti. DHS is recommending Haitian TPS recipients to seek alternate avenues of relief, if possible, or to prepare for and arrange their departure from the United States—including proactively seeking travel documentation.

If you are currently hold TPS for Haiti and need further guidance, please contact our office right away to schedule a consultation.

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Every Step of the Way..

We felt supported and prepared for each step of the way from beginning to end. I appreciate John’s timeliness and professionalism when responding to any of our concerns or questions along the way; as well as his clarity when explaining each part of the process. We felt informed and prepared for anything that came our…

- David Luengas Guayda and Caitlyn McHugh(5 star review)

Thanks to him, I am proud to say I am now a U.S. Citizen!

My husband and I had hired another immigration lawyer before we met Attorney Foley but that lawyer charged us $50 every time we called him. And we almost always spoke with a secretary and not the lawyer. After too much frustration, we fired that lawyer and hired Attorney Foley immediately after we met with him….

- Withheld(5 star review)

I recommend you to call Attorney John Foley.

We tried to do our adjustment of status on our own but it didn’t go well. We called Attorney Foley after we received a denial notice from USCIS. Attorney Foley called the USCIS Supervisor who signed our denial notice and not only did she agree to review our case but she agreed to reschedule our…

- Kerry & Luz Earlywine(5 star review)

I no longer live looking over my shoulder

Two years ago, I was where you are right now. I was on the Internet looking for an immigration lawyer. I read these same testimonials and I called Attorney Foley. Unlike the other lawyers, he spoke with me on the telephone. He then told me what I needed to do to get legal and to…

- Withheld(5 star review)

My wife and I went to John Foley to get our immigration paperwork done.

My wife and I went to John Foley to get our immigration paperwork done. There was a ton of paper but he handled it all and he answered the telephone whenever we had questions. I went from being an overstay to being a conditional Legal Resident, to having the conditions removed and then to becoming…

- Michael Feeney(5 star review)

Attorney Foley helped me get my U.S. citizenship.

Attorney Foley helped me get my U.S. citizenship. He took care of all of the paperwork and filed the form with the Immigration Service. Then he met with me a couple of days before the interview and explained the process and answered all of my questions. Most importantly, Attorney Foley was with me on the…

- Marie Pascal(5 star review)

He cares about his clients;

As international entertainers, we travel in and out of the U.S. a great deal. Our foreign travel complicated our immigration case. But John was there to smooth over every step and to answer all of our many questions. John went to the interview with us and we could tell by the way he was treated…

- Ciaran Nagle & Tara Novak(5 star review)

Dealing with US immigration was one of the scariest things I have ever done.

Dealing with US immigration was one of the scariest things I have ever done. I had been illegal for years. Attorney Foley explained to me what he was going to do before he did it. He told me what to expect and it was like he had a crystal ball. After a very anxious interview…

- JV(5 star review)

I can’t believe it but I am now a US citizen.

I can’t believe it but I am now a US citizen. I am able to travel back and forth to Ireland for the rest of my life without worrying about my immigration status in either country and I can vote in the upcoming US election. Attorney John Foley handled my case. He was with me…

- Joey Regan(5 star review)

We were fortunate to have teamed up with Attorney Foley.

We had a very complicated case which included an adjustment of status and bringing two children into the US through a foreign consulate. Attorney Foley told us what to expect and he made it happen. In addition to completing the paperwork for us, he answered all of our questions, showed enormous patience and helped us…

- Gary & Ana Cirlene Star(5 star review)

Attorney Foley helped make our dream of being together a reality.

Attorney Foley helped make our dream of being together a reality. My husband and I are from different corners of the world. We met, fell in love and wanted to live together in the United States. Dealing with the U.S. Immigration service was difficult. There were forms and attachments and requests for all types of…

- Kathy & Bouazza Belabed(5 star review)

John helped me adjust my status after I married a U.S. citizen.

John helped me adjust my status after I married a U.S. citizen. He took care of all of the forms and all of the supporting documentation that goes with the forms. To me, it was extremely complex but John had it all organized and our interview with INS only took 30-minutes. Two years later, he…

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